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   State Courts - Arizona - January 27, 2000

  
Hilgeman v. American Mortg. Secs., Inc., 2 CA-CV 98-0236, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 27, 2000, Filed
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Overview: In tort action, compensatory damages award was affirmed in default judgment against defendant; however, punitive damages award was vacated for insufficient record and case was remanded for contested evidentiary hearing.

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In re Richard G., 2 CA-JV 99-0060, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, January 27, 2000, Filed
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Overview: Juvenile court properly adjudicated juvenile as delinquent for possessing deadly weapon as prohibited possessor because prohibited possessor definition applied to misdemeanors and felonies.

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Johnson v. Hispanic Broadcasters of Tucson, Inc., 2 CA-CV 99-0035, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 27, 2000, Filed
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Overview: Employee was precluded from suing employer for wrongful termination because first year income guarantee could not reasonably be interpreted as a one-year employment contract since it could be fulfilled in less than one year.

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Kerr v. Killian, 1 CA-TX 98-0014, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, January 27, 2000, Filed
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Overview: The recovery at issue properly constituted a common fund for purposes of shifting attorney's fees under the common fund doctrine. The case reflected the exceptional circumstances that supported the reasonable award.

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Mitchell v. Dillard Dep't Stores, Inc., 1 CA-CV 98-0449, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 27, 2000, Filed
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Overview: Off-duty officer working as store security guard gave impression that he was imbued with police authority and acting under color of state law when he detained shopper, thus shopper was entitled to pursue civil rights claims.

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Schlaefer v. Financial Mgmt. Serv., 1 CA-CV 99-0203, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, January 27, 2000, Filed
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Overview: Premarital agreement and lack of appellant's consent to debt rebutted ordinary presumption that wife's medical debt was a community debt thus husband could not be held liable.

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State v. Fragozo, 2 CA-CR 99-0227-PR, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 27, 2000, Filed
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Overview: Petitioner for post-conviction relief was entitled to credit for the prison term he served as a condition of his probation after the probation was revoked and he was sentenced to a prison term.

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State v. Griest, 1 CA-CR 98-1029, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, January 27, 2000, Filed
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Overview: Conviction was affirmed, because crime of unlawful use of a means of transportation or joyriding was a lesser included offense of theft by conversion.

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Stubblefield v. Trombino, 1 CA-SA 99-0261, 1 CA-SA 99-0276, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 27, 2000, Filed
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Overview: Arizona law requiring probation for first time drug offenders convicted of possession of controlled substances also applied to crime of attempted possession.

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